§ 26B-6-304 — Powers and duties of the office.

(1) The office shall:
(1)(a) develop and operate a statewide program to:
(1)(a)(i) educate the public about the role and function of guardians and conservators;
(1)(a)(ii) educate guardians and conservators on:
(1)(a)(ii)(A) the duties of a guardian and a conservator; and
(1)(a)(ii)(B) standards set by the National Guardianship Association for guardians and conservators; and
(1)(a)(iii) serve as a guardian, conservator, or both for a ward upon appointment by a court when no other person is able and willing to do so and the office petitioned for or agreed in advance to the appointment;
(1)(b) possess and exercise all the powers and duties specifically given to the office by virtue of being appointed as guardian or conservator of a ward, including the power to access a ward's records;
(1)(c) review and monitor the personal and, if appropriate, financial status of each ward for whom the office has been appointed to serve as guardian or conservator;
(1)(d) train and monitor each employee and volunteer, and monitor each contract provider to whom the office has delegated a responsibility for a ward;
(1)(e) retain all court-delegated powers and duties for a ward;
(1)(f) report on the personal and financial status of a ward as required by a court in accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their Property;
(1)(g) handle a ward's funds in accordance with the department's trust account system;
(1)(h) request that the department's audit plan, established pursuant to Section 63I-5-401, include the requirement of an annual audit of all funds and property held by the office on behalf of wards;
(1)(i) maintain accurate records concerning each ward, the ward's property, and office services provided to the ward;
(1)(j) make reasonable and continuous efforts to find a family member, friend, or other person to serve as a ward's guardian or conservator;
(1)(k) after termination as guardian or conservator, distribute a ward's property in accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their Property; and
(1)(l) be given accesses to, or provided with, written statements, documents, exhibits, and other items related to an investigation, including private, controlled, or protected medical or financial records of an incapacitated person or a potentially incapacitated person when the records or other items sought are reasonably necessary for the office to conduct an assessment, make an inquiry or search, or reach a determination described in Section 26B-6-305, or to fulfill the office's other duties or responsibilities.
(2) The office may:
(2)(a) petition a court pursuant to Title 75, Chapter 5, Protection of Persons Under Disability and Their Property, to be appointed an incapacitated person's guardian, conservator, or both after conducting a prepetition assessment under Section 26B-6-305;
(2)(b) develop and operate a statewide program to recruit, train, supervise, and monitor volunteers to assist the office in providing guardian and conservator services;
(2)(c) delegate one or more responsibilities for a ward to an employee, volunteer, or contract provider, except as provided in Subsection 26B-6-305(1);
(2)(d) solicit and receive private donations to provide guardian and conservator services under this part; and
(2)(e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(2)(e)(i) effectuate policy; and
(2)(e)(ii) carry out the office's role as guardian and conservator of wards as provided in this chapter.

Legislative History

Amended by Chapter 470, 2025 General Session